KARACHI: A sessions court reserved on Saturday its judgement on an application of two suspects seeking exclusion of the charge of rape from the case pertaining to the alleged suicide of Dr Maha Shah due to mental torture and blackmailing.

Police had initially said that the 24-year-old doctor practicing at a private hospital in Clifton had allegedly committed suicide by shooting herself in her home in DHA.

Later, police detained her friends Junaid Khan, Waqas Hussain Rizvi, Tabish Yaseen Qureshi and Saad Nasir Siddiqui and booked them under relevant sections of the law.

On Saturday, the matter came up before additional district and sessions judge (South) Ashraf Hussain Khowaja for indictment of the four men, who appeared on bail.

However, the defence counsel for two suspects — Junaid Khan and Waqas Rizvi — moved an application under Section 265-D (when charge is to be framed) of the criminal procedure code.

In the plea, their counsel Amir Mansoob Qureshi contended that the court had accepted the final charge sheet filed by the IO recommending trial of the suspects under the relevant charges, including rape.

He further contended that in the final charge sheet the IO had mentioned that the examination of viscera of the victim conducted during the post-mortem examination after exhuming her body had suggested that she had been subjected to rape.

Mr Qureshi said the DNA sample of one of the nominated suspects had not matched with the victim’s, therefore, he was exonerated by the IO. However, he added, the DNA samples of Junaid Khan and Waqas Rizvi had not been obtained so far, therefore, the charge of rape was not applicable to them.

He asked the court to order exclusion of Section 376 (punishment for rape) of the Pakistan Penal Code (PPC) from the final charge sheet filed.

After hearing arguments from both sides, the judge reserved his judgment on the application to be pronounced on Aug 2.

Till then, the judge deferred indictment of the suspects.

On the last hearing, IO Sub-inspector Sharafat Ali had informed the court that both suspects Junaid Khan and Waqas Rizvi were avoiding giving their samples for DNA matching with the victim despite the lapse of several months and issuance of repeated notices to them. He had asked the court to direct them to cooperate with him during the investigation of the case and give their DNA samples for the chemical analysis in order to complete the investigation.

The IO had filed an interim charge sheet after the lapse of almost three months.

The IO stated that during the course of investigation no evidence regarding assault on Dr Shah with an intention to outrage her modesty by the nominated suspects, criminal intimidation and poisoning her to death was found. Therefore, the IO had removed Sections 345 (wrongful confinement), 337-J (causing hurt by means of a poison) and 506 (criminal intimidation) of the PPC from the case.

However, the IO mentioned that in view of the statements of the witnesses and circumstantial and forensic evidence an offence of manslaughter against Junaid Khan was made out, therefore, Section 322 of the PPC was inserted in the case.

He further mentioned that Khan had friendship with Dr Maha Shah for the last four years during which they used to live together, adding that Junaid Khan allegedly lured her into drugs addiction and the couple made trips to Dubai. They were also allegedly seen together in parties with Waqas, he added. He further mentioned that Dr Shah purportedly got fed up and tried to end friendship with Junaid and Waqas. But, Junaid started physically torturing her, blackmailing and defaming her in social circles, the IO added.

Therefore, Dr Maha Shah got dejected and took a pistol from Tabish Yaseen, who was her friend for the last four years, and committed suicide by shooting herself in the head in her bedroom’s washroom, the IO had added.

The weapon was licensed in the name of Saad Nasir, who had allegedly illegally sold it to Tabish, who gave it to Dr Shah, who committed suicide.

Published in Dawn, July 25th, 2021